HESS v. NORFOLK S. RY. CO.

No. 2003-2035.

106 Ohio St.3d 389 (2005)

2005-Ohio-5408.

HESS ET AL., APPELLEES, v. NORFOLK SOUTHERN RAILWAY COMPANY, APPELLANT.

Supreme Court of Ohio.

Decided October 26, 2005.


Attorney(s) appearing for the Case

Kevin E. McDermott and Mary Brigid Sweeney, for appellees Ralph E. Seaford and Horace T. Thomas.

Gallagher, Sharp, Fulton & Norman, Kevin C. Alexandersen, Monica A. Sansalone, and Holly M. Olarczuk-Smith; Burns, White & Hickton, L.L.C., and David A. Damico, for appellant.

Squire, Sanders & Dempsey, L.L.P., Charles F. Clark, and Robin G. Weaver, urging reversal for amicus curiae, Association of American Railroads.


ALICE ROBIE RESNICK, J.

{¶ 1} Twenty-eight former employees of defendant-appellant, Norfolk Southern Railway Company, filed a master complaint in the Cuyahoga County Court of Common Pleas pursuant to the Federal Employers' Liability Act ("FELA"), Sections 51-60, Title 45, U.S.Code, alleging that Norfolk had negligently exposed them to asbestos at its Spencer, North Carolina, facility,...

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